Full Text of HB3773 100th General Assembly
HB3773eng 100TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning safety.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Smoke Detector Act is amended by changing | 5 | | Sections 3 and 4 as follows:
| 6 | | (425 ILCS 60/3) (from Ch. 127 1/2, par. 803)
| 7 | | Sec. 3.
(a) Every dwelling unit or hotel shall be equipped | 8 | | with at least one
approved smoke detector in an operating | 9 | | condition within 15 feet of every room
used for sleeping | 10 | | purposes. The detector shall be installed on the ceiling
and at | 11 | | least 6 inches from any wall, or on a wall located between 4 | 12 | | and 6
inches from the ceiling.
| 13 | | (b) Every single family residence shall have at least one | 14 | | approved smoke
detector installed on every story of the | 15 | | dwelling unit, including basements
but not including | 16 | | unoccupied attics. In dwelling units with split levels,
a smoke | 17 | | detector installed on the upper level shall suffice for the
| 18 | | adjacent lower level if the lower level is less than one full | 19 | | story below
the upper level; however, if there is an | 20 | | intervening door between the
adjacent levels, a smoke detector | 21 | | shall be installed on each level.
| 22 | | (c) Every structure which (1) contains more than one | 23 | | dwelling unit, or
(2) contains at least one dwelling unit and |
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| 1 | | is a mixed-use structure, shall
contain at least one approved | 2 | | smoke detector at the uppermost ceiling of
each interior | 3 | | stairwell. The detector shall be installed on the ceiling,
at | 4 | | least 6 inches from the wall, or on a wall located between 4 | 5 | | and 6
inches from the ceiling.
| 6 | | (d) It shall be the responsibility of the owner of a | 7 | | structure to supply
and install all required detectors. The | 8 | | owner shall be responsible for
making reasonable efforts to | 9 | | test and maintain detectors in common
stairwells and hallways. | 10 | | It shall be the responsibility of a tenant to
test and to | 11 | | provide general maintenance for the detectors within the
| 12 | | tenant's dwelling unit or rooming unit, and to notify the owner | 13 | | or the
authorized agent of the owner in writing of any | 14 | | deficiencies which the
tenant cannot correct. The owner shall | 15 | | be responsible for providing one
tenant per dwelling unit with | 16 | | written information regarding detector
testing and | 17 | | maintenance.
| 18 | | The tenant shall be responsible for replacement of any | 19 | | required batteries
in the smoke detectors in the tenant's | 20 | | dwelling unit, except that the owner
shall ensure that such | 21 | | batteries are in operating condition at the time
the tenant | 22 | | takes possession of the dwelling unit. The tenant shall provide
| 23 | | the owner or the authorized agent of the owner with access to | 24 | | the dwelling
unit to correct any deficiencies in the smoke | 25 | | detector which have been
reported in writing to the owner or | 26 | | the authorized agent of the owner.
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| 1 | | (e) The requirements of this Section shall apply to any | 2 | | dwelling unit
in existence on July 1, 1988, beginning on that | 3 | | date. Except as provided
in subsections (f) and (g), the smoke | 4 | | detectors required in such dwelling
units may be either : | 5 | | battery powered provided the battery is a self-contained, | 6 | | non-removable, long term battery, or wired into the structure's | 7 | | AC power
line, and need not be interconnected.
| 8 | | (1) The battery requirements of this Section shall | 9 | | apply to battery powered smoke detectors that: (A) are in | 10 | | existence and exceed 10 years from the date of their being | 11 | | manufactured; (B) fails to respond to operability tests or | 12 | | otherwise malfunctions; or (C) are newly installed. | 13 | | (2) The battery requirements of this Section do not | 14 | | apply to: (A) a fire alarm, smoke detector, smoke alarm, or | 15 | | ancillary component that is electronically connected as a | 16 | | part of a centrally monitored or supervised alarm system; | 17 | | (B) a fire alarm, smoke detector, smoke alarm, or ancillary | 18 | | component that uses: (i) a low-power radio frequency | 19 | | wireless communication signal, or (ii) Wi-Fi or other | 20 | | wireless Local Area Networking capability to send and | 21 | | receive notifications to and from the Internet, such as | 22 | | early low battery warnings before the device reaches a | 23 | | critical low power level; or (C) such other devices as the | 24 | | State Fire Marshal shall designate through its regulatory | 25 | | process. | 26 | | (f) In the case of any dwelling unit that is newly |
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| 1 | | constructed,
reconstructed, or substantially remodelled after | 2 | | December 31, 1987, the
requirements of this Section shall apply | 3 | | beginning on the first day of
occupancy of the dwelling unit | 4 | | after such construction, reconstruction or
substantial | 5 | | remodelling. The smoke detectors required in such dwelling
unit | 6 | | shall be permanently wired into the structure's AC power line, | 7 | | and if
more than one detector is required to be installed | 8 | | within the dwelling
unit, the detectors shall be wired so that | 9 | | the actuation of one detector
will actuate all the detectors in | 10 | | the dwelling unit.
| 11 | | In the case of any dwelling unit that is newly constructed,
| 12 | | reconstructed, or substantially remodeled on or after January | 13 | | 1, 2011, smoke detectors permanently wired into the structure's | 14 | | AC power line must also maintain an alternative back-up power | 15 | | source, which may be either a battery or batteries or an | 16 | | emergency generator. | 17 | | (g) Every hotel shall be equipped with operational portable
| 18 | | smoke-detecting alarm devices for the deaf and hearing impaired | 19 | | of audible
and visual design, available for units of occupancy.
| 20 | | Specialized smoke-detectors for the deaf and hearing | 21 | | impaired shall be
available upon request by guests in such | 22 | | hotels at a rate
of at least one such smoke detector per 75 | 23 | | occupancy units or portions
thereof, not to exceed 5 such smoke | 24 | | detectors per hotel.
Incorporation or connection into an | 25 | | existing interior alarm system, so as
to be capable of being | 26 | | activated by the system, may be utilized in lieu of
the |
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| 1 | | portable alarms.
| 2 | | Operators of any hotel shall post conspicuously at the main | 3 | | desk a
permanent notice, in letters at least 3 inches in | 4 | | height, stating that
smoke detector alarm devices for the deaf | 5 | | and hearing impaired are
available. The proprietor may require | 6 | | a refundable deposit for a portable
smoke detector not to | 7 | | exceed the cost of the detector.
| 8 | | (g-5) A hotel, as defined in this Act, shall be responsible | 9 | | for installing and maintaining smoke detecting equipment. | 10 | | (h) Compliance with an applicable federal, State or local | 11 | | law or
building code which requires the installation and | 12 | | maintenance of smoke
detectors in a manner different from this | 13 | | Section, but providing a level of
safety for occupants which is | 14 | | equal to or greater than that provided by
this Section, shall | 15 | | be deemed to be in compliance with this Section, and
the | 16 | | requirements of such more stringent law shall govern over the
| 17 | | requirements of this Section.
| 18 | | (i) The requirements of this Section shall not apply to | 19 | | dwelling units and hotels within municipalities with a | 20 | | population over 1,000,000 inhabitants. | 21 | | (Source: P.A. 96-1292, eff. 1-1-11; 97-447, eff. 1-1-12.)
| 22 | | (425 ILCS 60/4) (from Ch. 127 1/2, par. 804)
| 23 | | Sec. 4.
(a) Except as provided in subsection (c), willful | 24 | | Willful failure to install or maintain in operating condition | 25 | | any
smoke detector required by this Act shall be a Class B |
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| 1 | | misdemeanor.
| 2 | | (b) Except as provided in subsection (c), tampering | 3 | | Tampering with, removing, destroying, disconnecting or | 4 | | removing the
batteries from any installed smoke detector, | 5 | | except in the course of
inspection, maintenance or replacement | 6 | | of the detector,
shall be a Class A misdemeanor in the case of | 7 | | a first conviction, and a
Class 4 felony in the case of a | 8 | | second or subsequent conviction.
| 9 | | (c) A party in violation of the battery requirements of | 10 | | subsection (e) of Section 3 of this Act shall be provided with | 11 | | 90 day's warning with which to rectify that violation. If that | 12 | | party fails to rectify the violation within that 90 day period, | 13 | | he or she may be assessed a fine of up to $100, and may be fined | 14 | | $100 every 30 days thereafter until either the violation is | 15 | | rectified or the cumulative amount of fines assessed reaches | 16 | | $1,500. The provisions of subsection (a) and (b) of this | 17 | | Section shall apply only after the penalty provided under this | 18 | | subsection (c) has been exhausted to the extent that a | 19 | | violating party has reached the $1,500 cumulative fine | 20 | | threshold and has failed to rectify the violation. | 21 | | If the alleged violation has been corrected prior to or on | 22 | | the date of the hearing scheduled to adjudicate the alleged | 23 | | violation, then the violation shall be dismissed | 24 | | (Source: P.A. 85-143.)
| 25 | | Section 99. Effective date. This Act takes effect January | 26 | | 1, 2023.
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